IN THE SENATE OF THE UNITED STATES
June 29, 2011
Mr. Kirk introduced the following bill; which was read twice and referred to the Committee on Finance
To amend titles 23, 45, and 49, United States Code, to encourage the use of private-public partnerships in transportation.
This Act may be cited as
Lincoln Legacy Infrastructure
Congress finds that—
the American Association of State Highway and Transportation Officials estimates current highway, bridge, public transit, and freight and passenger rail funding needs are approximately $225,000,000,000 to $340,000,000,000 per year through 2055, while current spending is less than $90,000,000,000 per year;
according to the organization known as Transportation for America, 69,223 bridges, or 11.5 percent of all highway bridges in the United States, are considered structurally deficient;
according to the Congressional Research Service, for fiscal year 2010, the Highway Trust Fund, the primary funding source for highways and transit, received approximately $35,000,000,000 in revenue but spent approximately $50,000,000,000;
Congress transferred $34,500,000,000 in general revenue to the Highway Trust Fund during the period of fiscal years 2008 to 2010 to keep the Highway Trust Fund solvent;
Highway Trust Fund outlays during the period of fiscal years 2011 to 2021 are expected to exceed revenues and interest by approximately $120,000,000,000;
the Congressional Budget Office estimates that the Highway Trust Fund will be unable to meet obligations of the Highway Trust Fund sometime during fiscal year 2012;
the United States Chamber of Commerce estimates that further deterioration of transportation networks could result in as much as $336,000,000,000 in lost growth during the 5 years after the date of enactment of this Act;
private-public partnerships are an important tool to help address transportation infrastructure shortfalls;
infrastructure experts estimate that there is more than $400,000,000,000 available for private-sector capital infrastructure investment;
according to the Federal Highway Administration, 29 States and 1 United States territory have enacted legislation enabling private-public partnerships; and
State and local governments are uniquely positioned to further develop and use innovative financing methods for all modes of infrastructure.
Private-public partnership challenge grants
Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following:
Private-public partnership challenge grants
The Secretary shall establish a program, to be known as
Private-Public Partnership Challenge Grant Program (referred
to in this section as the program), to encourage States to
develop, enact, and implement private-public partnership enabling legislation
and procurement policies.
The Secretary may provide a grant under the program to a State for use in implementing innovative and successful strategies to use private-public partnerships with respect to funding for rail, aviation, transit, highway, and waterway transportation.
A State that seeks to receive a grant under the program shall submit to the Secretary an application for the grant at such time, in such manner, and containing such information as the Secretary shall require.
The Secretary shall use to carry out the program amounts received as Federal surcharges on revenue generated from agreements resulting from the concession or lease of safety rest areas under section 111(a)(2).
The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following:
150. Private-public partnership challenge grants.
Agreements relating to use of and access to rights-of-Way-Interstate System
Section 111(a) of title 23, United States Code, is amended—
by redesignating subparagraphs (A) through (C) of paragraph (1) as clauses (i) through (iii), respectively;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
general.—All agreements and inserting the
by adding at the end the following:
Commercialization, lease, and concession of Interstate safety rest areas
Notwithstanding paragraph (1), the Secretary may permit a State to enter into 1 or more agreements for the commercialization, lease, or concession of a safety rest area constructed or located on a right-of-way on the Interstate System in the State on the conditions that—
access to the safety rest area, parking, and restrooms remains free of charge;
the safety of motorists is not compromised by the agreement; and
the State agrees—
to pay to the Secretary, upon entering into an agreement under this subparagraph, a Federal surcharge equal to 5 percent of the total amount received by the State under the agreement, which amounts the Secretary shall deposit in the Highway Trust Fund at the rate that corresponds to the rate at which the State receives amounts under the agreement; and
to use the remaining amounts received by the State under the agreement only for purposes relating to a highway or transit transportation project carried out under this title or title 49.
Section 111(b) of title 23, United States Code, is amended—
Notwithstanding and inserting the following:
by adding at the end the following:
Blind vending facilities
Notwithstanding any other provision of this Act—
the Secretary shall not impose any surcharge on a State with respect to any blind vending facility established pursuant to paragraph (1); and
the priority accorded licensed blind vendors by paragraph (1) shall not be otherwise limited or diminished as a result of the implementation of the Lincoln Legacy Infrastructure Development Act.
Toll roads, bridges, tunnels, and ferries
Section 129(a)(3) of title 23,
United States Code, is amended in the last sentence by striking
purpose for which Federal funds may be obligated by a State under this
title and inserting
, including revenues received as a result of
any agreement entered into by the State for the sale, lease, or concession of a
highway, bridge, or tunnel, only for purposes relating to a highway or transit
transportation project carried out under this title or title 49.
Section 166(a) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following:
Except as provided in subparagraph (B) and in other provisions of this section, not fewer than 2 occupants per vehicle may be required for use of a HOV facility.
In any case in which a State determines that a HOV facility is a degraded facility (as described in subsection (d)(2)(B)) or that the average speed of traffic on a HOV facility slows to less than the minimum average operating speed (as defined in subsection (d)(2)(A)), the State shall require not fewer than 3 occupants per vehicle for use of the HOV facility.
Innovative surface transportation financing methods
Value pricing pilot program
Section 1012(b)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is
amended in the second sentence by striking
as many as 15 such State or
local governments or public authorities and inserting
local governments, and public authorities.
Interstate System reconstruction and rehabilitation pilot program
Section 1216(b)(2) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is amended—
in the first
sentence, by striking
3 and inserting
by striking the second sentence.
Express lanes demonstration program
Section 1604(b)(2) of the SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1250) is amended in the matter preceding subparagraph (A)—
2005 through 2009 and inserting
Interstate System construction toll pilot program
Section 1604(c) of the SAFETEA–LU (23 U.S.C. 129 note; 119 Stat. 1253) is amended—
by striking paragraph (2);
by redesignating paragraphs (9) and (1) as paragraphs (1) and (2), respectively; and
in paragraph (8),
the date of enactment of this Act and inserting
the date of enactment of the Lincoln
Legacy Infrastructure Development Act.
Section 603(b) of title 23, United States Code, is amended—
by striking paragraph (6); and
by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively.
Lines of credit
Section 604(b) of title 23, United States Code, is amended—
by striking paragraph (8); and
by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively.
Section 608(a) of title 23, United States Code, is amended—
in paragraph (1),
$122,000,000 for each of fiscal years 2005 through
2009 and inserting
$750,000,000 for each of fiscal years 2012
through 2017; and
in paragraph (3)
$2,200,000 for each of fiscal years 2005 through
2009 and inserting
$7,500,000 for each of fiscal years 2012
Railroad Rehabilitation and Improvement Financing Program
Section 822(b)(1) of title 45, United States Code, is amended—
(B), by striking
or at the end;
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
carry out projects and activities that benefit high-speed rail; or
carry out development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities.
Credit risk requirements
Section 822(h)(2) of title 45, United States Code,
is amended by inserting
For purposes of making a finding under
subsection (g)(4), the Secretary, through the Administrator of the Federal
Railroad Administration, shall consider the net present value of anticipated
dedicated revenues or user fees to be collateral offered by the
Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Administrator of the Federal Railroad Administration shall submit a report to Congress that describes—
the number of loans pending and issued under section 822 of title 45, United States Code; and
the time taken to process each of the loans described in paragraph (1).
Airport privatization program
Approval of applications
Section 47134(b) of title 49, United States Code, is amended—
in the matter
preceding paragraph (1) by striking
with respect to not more than 5
in paragraph (1)—
by striking subparagraph (A) and inserting the following:
The Secretary may grant an exemption to an airport sponsor from the requirements of sections 47107(b) and 47133 (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved by the Secretary after the sponsor has consulted—
in the case of a primary airport, with each air carrier and foreign air carrier serving the airport, as determined by the Secretary; and
in the case of a nonprimary airport, with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
by striking subparagraph (C).
Terms and conditions
Section 47134(c) of title 49, United States Code, is amended—
by striking paragraphs (4), (5), and (9);
by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively; and
by adding at the end the following:
A fee imposed by the airport on an air carrier or foreign air carrier may not include any portion for a return on investment or recovery of principal with respect to consideration paid to a public agency for the lease or sale of the airport unless that portion of the fee is approved by the air carrier or foreign air carrier.
Participation of certain airports
Section 47134 of title 49, United States Code, is amended—
by striking subsection (d); and
by redesignating subsections (e) through (m) as subsections (d) through (l), respectively.
The amendments made by this section shall apply with respect to an exemption issued to an airport under section 47134 of title 49, United States Code, before, on, or after the date of enactment of this Act.
The section heading for section 47134 of title 49, United States Code, is amended to read as follows:
Private ownership of airports
Table of contents
The table of sections for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47134 and inserting the following:
47134. Private ownership of airports.
In this section—
the term Administrator mean the Administrator of the Federal Transit Administration;
the term covered HOT lane facility means any high occupancy/toll lane facility used by a bus service operated by a public transportation agency, without regard to whether the high occupancy/toll lane facility was converted from a high occupancy vehicle facility;
the term eligible project means a project carried out using funding under section 5307 or 5309 of title 49, United States Code;
the term eligible recipient means a recipient of funding under section 5307 or 5309 of title 49, United States Code;
the term experimental program means the public-private partnership experimental program established under subsection (b); and
the term fixed guideway miles includes fixed guideway revenue vehicle-miles, fixed guideway route miles, and fixed guideway vehicle passenger-miles.
Public-Private partnership experimental program
The Administrator shall establish a 6-year public-private partnership experimental program to encourage eligible recipients to carry out tests and experimentation in the project development process that are designed to—
attract private investment in covered projects; and
increase project management flexibility and innovation, improve efficiency, allow for timely project implementation, and create new revenue streams.
Implementation of program
The experimental program shall—
except as provided in paragraph (5), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in covered projects; and
develop procedures and approaches that—
impediments described in subparagraph (A), in a manner similar to the Special
Experimental Project Number 15 of the Federal Highway Administration (commonly
referred to as
protect the public interest and any public investment in covered projects.
Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until the termination of the experimental program, the Administrator shall submit to Congress a report on the status of the experimental program.
Not later than 180 days after the date of enactment of this Act, the Administrator shall issue rules to carry out the experimental program.
Rule of construction
Nothing in this subsection may be construed to allow the Administrator to waive any requirement under—
section 5333 of title 49, United States Code;
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
any other provision of Federal law not described in paragraph (2)(A).
Determination of number of fixed guideway miles
For purposes of apportioning funding under sections 5307 and 5309 of title 49, United States Code, the Administrator shall deem covered HOT lane facility miles in an area to be fixed guideway miles attributable to the area.
Amount apportioned not affected
Notwithstanding any other provision of law, the Secretary may not apportion an amount for an urbanized area under section 5307 or 5309 of title 49, United States Code, for fiscal year 2012, or any fiscal year thereafter, that is less than the amount apportioned for the urbanized area under section 5307 or 5309, respectively, for fiscal year 2011, if the reduction in amount is solely attributable to the requirement under paragraph (1).
Availability of funds
There shall be available from the Mass Transit Account of the Highway Trust fund for fiscal year 2012, and each fiscal year thereafter, such sums as are necessary to carry out this subsection.
Removal of cap on exempt facility bonds used to finance qualified highway or surface freight transfer facilities
Subsection (m) of section 142 of the Internal Revenue Code of 1986 is amended—
by striking paragraph (2), and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3).
The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.
Reduction in annual adjustments to pay schedules for Federal employees for fiscal years 2013 through 2021
For each of
fiscal years 2013 through 2021, section 5303(a) of title 5, United States Code,
shall be applied by substituting
1 percentage point for
one-half of 1 percentage point.
Of the Federal funds saved for the period of fiscal years 2013 through 2021 as a result of the application of section 9 of this Act and subsections (b) and (c) of section 147 of the Continuing Appropriations Act, 2011 (Public Law 111–242; 124 Stat. 2607, 124 Stat. 3518)—
such sums as may be necessary to carry out this Act and any amendments made by this Act shall be deposited into the Highway Trust Fund; and
the remainder of the funds shall be used for purposes of deficit reduction.